Imlaq Ahmad Vs State of NCT of Delhi and Anothers

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P. (CRL) 303/2025

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IMLAQ AHMAD .....Petitioner Through: Mr. Shankar Parashar, Advocate Petitioner (Through VC)

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versus

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STATE GOVT. OF NCT OF DELHI AND ANR ......Respondent Through: Mr. Rahul Tyagi, ASC with Mr. Sangeet and Mr. Aniket Kunar Singh, Advocates with SI Akshay Dagar, PS Shaheen Bagh. Respondent No.2 (Through VC)

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CORAM: HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

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O R D E R % 11.02.2025

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The instant petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS”) [(earlier Section 482 of the Code of Criminal Procedure, 1973 (hereinafter “Cr.P.C.”)] has been filed on behalf of the petitioner praying for quashing of FIR bearing No.283/2024 registered at Police Station – Shaheen Bagh, Delhi for offences punishable under Sections 115(2), 126(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter “BNS”).

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The Joint Registrar (Judicial) vide order dated 29^th January, 2025 has verified the facts and details of the instant matter.

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Learned counsel for the petitioner submitted that on account of

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/02/2025 at 12:16:38

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certain misunderstanding between the petitioner and the respondent no.2, a complaint was lodged against the petitioner by the respondent no.2, which resulted in filing of the instant FIR dated 1^st December, 2024.

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It is submitted that with the intervention of family members and relatives, both the parties entered into settlement on 19^th January, 2025 vide Settlement Deed. The terms and conditions of the said settlement are mentioned in the settlement deed which is annexed as Annexure P-2 to the instant petition.

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Therefore, it is prayed that the instant FIR may be quashed on the basis of the above said settlement and in accordance with the settled position of law as posited by the Hon’ble Supreme Court. At this juncture, the petitioner appearing in-person also undertake to not repeat the same conduct in the future.

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Mr. Rahul Tyagi, learned ASC for the State submitted that he has no objection to the instant petition being allowed and the FIR in question being quashed in view of the settlement arrived at between the parties.

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Heard learned counsel for the parties and perused the material placed on record.

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The petitioner was identified by his counsel and the Investigating Officer before the Registrar. The respondent nos.2 is present through VC and has been identified by the Investigating Officer.

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On the query made by this Court, the respondent nos.2 has categorically stated that he has entered into compromise on his own free will and without any pressure. It is also stated by respondent nos.2 that the entire dispute has been amicably settled between the parties and he does not want to pursue the aforesaid FIR any further. The parties also undertook that

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/02/2025 at 12:16:38

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they shall abide by the terms and conditions of the settlement arrived at between the parties.

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In the case of Ramgopal and Ors. Vs. The State of Madhya Pradesh , 2021 INSC 568 , the apex court observed that the extraordinary power enjoined upon the High Courts under Section 482 of Cr.P.C. can be invoked even when such a case falls within the ambit of non-compoundable offences given that the Court must be satisfied that the nature of the offence does not impact the conscience of the society and that the compromise between the parties is voluntary and amicable.

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Keeping in view the fact that parties have settled the matter as well as undertaking given by the petitioner, and the law laid down by the Hon’ble Supreme Court, no useful purpose would be served by keeping the matter pending. Hence, FIR bearing No.283/2024 registered at Police Station – Shaheen Bagh, Delhi for offences punishable under Sections 115(2), 126(2), 3(5) of the BNS and consequent proceedings emanating therefrom are quashed.

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The petition along with pending application(s), if any, stands disposed of.

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CHANDRA DHARI SINGH, J

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FEBRUARY 11, 2025 NA/anr

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Click here to check corrigendum, if any

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/02/2025 at 12:16:38

Imlaq Ahmad v. State of NCT of Delhi and Anothers

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Imlaq Ahmad v. State of NCT of Delhi and Anothers

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